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Referral court not required to conduct detailed or contested inquiry & must limit itself to ascertaining whether underlying contract contains an arbitration clause covering disputes between the parties: HC (See 'Legal Desk') IICA organises Training Program on Companies Act, Competition Law & IBC (See 'Corp Brief') DCPC organises Job Fair in collaboration with AIPMA (See 'Corp Brief') SEBI - If Noticee violated regulation 23(1) and 23(4) of LODR Regulations as alleged in SCN, Noticee is liable for payment of monetary penalty in terms of section 15HB of SEBI Act: SEBI (See 'Legal Desk') SAIL records highest-ever January '26 performance (See 'Corp Brief') Paradip Port Authority wins First Prize at Swachhata Pakhwada (See 'Corp Brief') Atal Innovation Mission hosts Flagship Conclave for National Incubation Ecosystem (See 'Corp Brief') Trade Marks - Procedural defects & inadvertent errors which are curable should not be permitted to defeat substantive rights, unless shown to be deliberate, mala fide, or prejudicial to opposite party: HC (See 'Legal Desk') CCI approves subscription to 15.01% equity of Ambit Wealth by Daiwa International (See 'Corp Brief') India, Bhutan to strengthen Cooperation in Power Sector (See 'Corp Brief') CCI okays AXDI LDII SPV to acquire shares of Aadhar Housing Finance (See 'Corp Brief') PMLA - Unless resolution is approved by NCLT, matter under PMLA for attachment of property may proceed even against corporate debtor: SAFEMA (See 'Legal Desk') SAIL, RITES sign MoU for diesel locomotive leasing and maintenance (See 'Corp Brief') Paswan calls for countering Misinformation on Processed Foods (See 'Corp Brief') Misc - If public authority holds any information in form of data, statistics, abstracts, etc. an applicant can have access to same under RTI Act subject to exemptions u/s 8: IBBI (See 'Legal Desk') Horticulture output reaches 367.72 million tonnes in 2024–25: Chouhan (See 'Corp Brief') SEBI - Contention of Noticees cannot be accepted as ground to seek exoneration qua their liability regarding failure to comply with regulatory limits: SEBI (See 'Legal Desk') HLC on banking to align financial sector growth to Viksit Bharat (See 'Corp Brief') Infra Risk Guarantee Fund to instil confidence in private developers (See 'Corp Brief') Shares buyback to be taxed as capital gains for all categories of shareholders (See 'Corp Brief') IIFT achieves 1st Position in Times B-School Ranking 2026 (See 'Corp Brief') Centre to enable States to establish regional medical hubs for tourism (See 'Corp Brief') Budget lays emphasis on scaling up manufacturing in 7 strategic sectors (See 'Corp Brief') Competition Act - intervention of CCI not warranted where allegations contained in Information are vague, sweeping & unsupported by material particulars necessary to establish contravention of Sections 3 or 4 of the Act: CCI (See 'Legal Desk') Interest accrued on motor accident compensation will no longer attract TDS (See 'Corp Brief') FM proposes uniform MAT Treatment for non-resident opting for Presumptive Tax (See 'Corp Brief') Tax certainty for non-resident individuals (See 'Corp Brief') Govt. revised criteria for Inter-Group loan exclusion from 'Dividend' definition (See 'Corp Brief') FDI Limit in Insurance Sector raised to 100%, subject to full domestic investment of premiums (See 'Corp Brief') Govt to facilitate ICAI, ICSI, ICMAI to run short-term know-how courses for youth (See 'Corp Brief') Government to set up 'BharatTradeNet' as Unified Digital Platform for international trade (See 'Corp Brief') Sovereign Gold Bond Capital Gains exemption to apply only to original holders at maturity (See 'Corp Brief') CSIR-NIO's Vizag Centre to play key role in offshore energy: MoS (See 'Corp Brief') FEMA - Statement recorded u/s 37 of FEMA did not amount to confession of criminal offence: HC (See 'Legal Desk') International Olympic Academy Director impressed by India's vision for sports (See 'Corp Brief') WB ranks India among top 5 in terms of private investment in infra (See 'Corp Brief') SEBI - In absence of explicit permission/exemption with respect to RFQ requirements, Noticee should have suspended its services if it was not feasible to engage large amounts of funds into working capital: SEBI (See 'Legal Desk') Survey: India should focus on application-based AI tools (See 'Corp Brief') IBC - NCLT can't decide title disputes over assets, including IPRs such as trademarks, unless they have direct & proximate nexus with insolvency resolution process: SC (See 'Legal Desk') UNCTAD ranks India as leading economy in trade partner diversification (See 'Corp Brief') The Securities Markets Code, 2025: Strengthened Enforcement, Weakened Accountability? (See 'CORP EINSICHT')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

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